agent contract

[petec]

I’m not sure where this should be posted, so if I’m in the wrong place, I hope a mod will redirect it.
I’ve received an agency contract that includes the following. Does anyone know if this is standard/acceptable practice?

“Our commission will be a percentage of the income arising from all contracts for the exploitation of written work you create during the period we represent you.
You, in turn, undertake with us that all contracts relating to the exploitation of your written work whilst we are your agent (whether or not negotiated by us) will include a provision whereby the income payable under them is to be paid to us, both during and after our agency period. You authorise us to make the deductions from the income referred to above. It is also agreed that we are entitled to be joined as a party to every contract for exploitation to enable us to receive and collect such income.”

[JJ Cooper]

Not in mine. I pay a percentage of income to my agent that is derived from contracts negotiated by my agent (in accordance with the terms of that contract).

Bottom line is that I can sell stuff myself and not involve my agent (but that would defeat the purpose).

If you get a fulltime job working as a copy-writer or anything writing related, that para of your contract appears to say that you need to pay your agent a percentage of your everyday wage. That wouldn't make sense (unless they got you the job).

JJ

[cara k]

It also sounds like they'd get a percentage of anything new which you wrote while you were contracted with them. Did you try asking on writerbeware?

[ChaosTitan]

That clause isn't in my contract, either. Like JJ, my agent will receive a percentage of any contracts negotiated by the agent. If I sell a short story on my own, I don't owe my agent anything on the sale.

I'd ask your agent to alter that clause.

[jclarkdawe]

I can see five places it would impact me. Let me explain them and you can decide whether it would be a problem.

1) I have a significant possibility of getting an excerpt of my book published in a couple of magazines. This may or may not result in a payment to me. (Even without payment, the advertising value makes this worth doing.) This would be a result of my contacts within a niche of the magazine industry. Assuming there is a payment, under your contract, the agent would be entitled to 15%. Personally I think the agent is entitled to 15%, but you might feel differently. The agent will have minimal involvement in this activity.

2) I may produce a couple of articles for various magazines, aiming at them being published close to a release date. These would be producing a positive cash flow. Aim would be using the bio and name recognition to sell a couple of books (you like my article, maybe you'll like my book type thinking). Agent would have nothing to do with this activity. Personally I would not be inclined to pay an agent for this activity. Under your contract, however, there is no question that the agent is entitled to 15%.

3) I have a magazine that uses me as a consultant for writing articles on legal issues involving horses. It has nothing to do with any of my books and shouldn't be going to an agent. Yet under your contract, I would be obligated to pay 15%.

4) I would be writing my next novel. Again, under your contract, I would be obligated to pay 15% of that even if the agent has nothing at all to do with it being published. On the flip side, if I cancel my contract with an agent, then use the same publisher that the agent had originally found for me, then I would probably be obligated under any contract with an agent.

5) I put down notes for ideas for future novels. These are about a page long and are just so I don't forget a wonderful idea. These notes would potentially result in the agent receiving 15% even if I write the book 10 years down the road and not having been in contact with the agent for those 10 years.

Obviously, I would not be signing a contract with this type of provision.

Best of luck,

Jim Clark-Dawe

[Danthia]

Ask your agent to explain it to you.

It sounds like a clause that says your agents gets their commission, which they talke out of the royalty checks the publisher sends them. Then they pay you. They will continue to recieve commission on any work they've sold if you terminate the agreement.

The "whether or not negotiated by us" is a little funky, so check on that, but it's probably referring to any foreign rights sales that they use a co-agent for. My agent has several foregn rights agents she works with and they'd do the negotiating, and both would receive commision from the sales.

Also, don't use this forum as the final say in understanding your contract :) We are not publishing contract specialists (baring someone here actually being one). Your agent will happily explain all the points of your contract if you call them and ask.

[Gillhoughly]

Is this word a typo?

authorise

If you did a copy/paste from the contract I would be wary of an agent who does not use the spell-checker!


(whether or not negotiated by us)

I do not like this or the paragraph it is in. Before I hired (as in took on) my agent, I made it clear to her that I would be negotiating some contracts myself.

These are usually for short stories, but now and then a book packager I know offers me work.

She was fine with this.

It would help to know which agency. Barring that, you might want to contact Writer Beware and ask there.

http://www.sfwa.org/beware/

beware@sfwa.org

Make NO mistake, an agent works for YOU, not the other way around.

[Shweta]

Is this word a typo?

authorise

If you did a copy/paste from the contract I would be wary of an agent who does not use the spell-checker!
Isn't this the British spelling of the word?

It made me wonder -- are there any differences between UK and US agent contracts that might be relevant here?

[aruna]

Isn't this the British spelling of the word?

It made me wonder -- are there any differences between UK and US agent contracts that might be relevant here?


Both versions are used in the UK. Both are correct.
I have a British contract but it does not contain that clause.